What Is The Eighteenth Amendment Immunity

The decision upheld the ruling of the Maine Supreme Judicial Court. Justice Anthony Kennedy wrote the decision of the Court. Kennedy argued that the Eleventh Amendment makes it clear that states are immune from being sued by “Citizens of another State, or by Citizens or Subjects of any Foreign State.” This immunity is sometimes referred to as “Eleventh Amendment immunity.” Kennedy suggests, however, that the states’ immunity from private suits is “a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today.” The Court also looked to Article I of the Constitution to examine its stance on a state’s sovereign immunity. It found that “in light of history, practice, precedent,